Henry & Coatsworth Co. v. Halter
Nebraska Supreme Court
Appeal from, the district court of' Lancaster county. Heard below before Holmes, J. The opinion contains a statement of the case. The sale under the Tiernan judgment ivas void, because the judgment had been paid in full by the debtor. {Shim v. Clark, 6 Yt. 507; Pope v. Benster, 42 Neb. 305.) The execution sale Avas void because it Avas made at the instance of an intermeddler, without knoAvledge of any person interested in the judgment.
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Appeal from, the district court of' Lancaster county. Heard below before Holmes, J. The opinion contains a statement of the case. The sale under the Tiernan judgment ivas void, because the judgment had been paid in full by the debtor. {Shim v. Clark, 6 Yt. 507; Pope v. Benster, 42 Neb. 305.) The execution sale Avas void because it Avas made at the instance of an intermeddler, without knoAvledge of any person interested in the judgment. (Taylor v. Robinson, 14 Cal. 396; McCracken v. San Francisco, 16 Cal. 591; Cook v. Tallis, 18 Wall. [U. S.] 332; Wood v. McCain, 7 Ala. 800.) The execution…
1Opinion of the CourtSullivan, J.
This action, which was brought by Henry & Coats-worth Company to foreclose a mechanic’s lien, resulted in a decree, from which a number of lien claimants, who Avere parties defendant, have appealed. The pleadings and evidence are voluminous, but we believe the following statement of facts will.sufficiently develop the main questions presented for decision: Alexis Halter, being the owner of three business lots in the city of Lincoln, decided to erect thereon a five-story building. In June, 1892, he employed Tyler & Son, architects, to prepare plans, and in the following October commenced the…
2Cases cited8 opinions
- Birke v. AbbottIndiana Supreme Court · 1885
- Montgomery v. VickeryIndiana Supreme Court · 1887
- Hoagland v. LoweNebraska Supreme Court · 1894
- Booth v. . Farmers and Mechanics' Nat. BankNew York Court of Appeals · 1878
- Fiske v. School DistrictNebraska Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lamoreaux v. AnderschSupreme Court of Minnesota · 1915
- Exchange Elevator Co. v. MarshallNebraska Supreme Court · 1946
- Field v. Consolidated Mineral Water Co.Supreme Court of Rhode Island · 1903
- Nelson v. WebsterNebraska Supreme Court · 1904
- Continental & Commercial Trust & Savings Bank v. North Platte Valley Irr. Co.Court of Appeals for the Eighth Circuit · 1915
17 more not listed; retrieve them via the Exa API.